Terms & Conditions
TERMS AND CONDITIONS
These terms and conditions create a contract between the customer or purchaser (hereinafter may be referred to as “you” or “your”) and A&D Precast (hereinafter referred to as “we” or “our”). Please read the entire agreement carefully. Acceptance of quote or proposal from A&D Precast and/or placement of order constitutes a binding contract and agreement to the terms and conditions in full. Purchaser agrees that terms and conditions in this agreement supersede purchaser or project terms and conditions and in the event of dispute this agreement governs.
A&D Precast is a manufacturer and supplier of premium architectural precast concrete. Our typical services are manufacturing and delivering architectural precast concrete. A&D Precast may be able to assist or provide referrals for other scopes of work such as design, install, engineering, etc. on a case by case basis. A&D Precast does not guarantee any work by third parties or referrals.
A&D Precast, unless otherwise explicitly stated in writing at time of quote, excludes: installation, hardware embeds, attachments, engineering, custom colors, attachment hardware, cleaning, patching, patch kits, sealant, jobsite visits, handling at jobsite, insurance, bonding, additional testing,
Takeoffs are provided for customer convenience only. Quantities and dimensions of final orders are ultimately the responsibility of the customer or purchaser. Quotes are provided only for the takeoff quantities included on the quote. In cases that the final quantities or shapes approved in shop drawings differ significantly a revision to the purchase price prior to or finalization may be necessary at our discretion.
A&D Precast will not begin shop drawings without commitment to order and/or a formal PO as necessary and decided by A&D Precast. Shop drawings are provided as customer convenience and customer is ultimately responsible for ensuring that piece geometry, design, dimensions and any other relevant details (including, but not limited to, reinforcement, attachments, embeds, finish and color) are correct per requirements. Customer will need to provide complete set of all required project drawings or documents to A&D Precast if they have not already done so.
Revisions to drawings required under original scope are included in price free of charge. Revisions in drawings required due to change in scope or project documents after quote or order placement may incur additional fees billed at our current standard hourly rates for drafting services which are subject to change based on market and availability.
Written approval of shop drawings will be required prior to order being released into production. A&D Precast may accept clear and written approval for shop drawings via email or other means at their discretion. Such approval is considered binding just as signed drawings. Ultimately our customers may choose to allow owners, architects, or others to approve shop drawings, but drawings approved by other project authorities returned by our customer or on their behalf will be considered approval from the customer.
We make every effort to fulfill and deliver orders as quickly as possible. We strive to provide a quality product to meet our customer needs within their schedules and pride ourselves on production times typically faster than our competitors. Lead time estimates are from time of all approvals and are subject to change due to current manufacturing volume.
Lead time is provided in quotes for customer convenience and is an estimate only. This does not constitute a written or implied contract that order will be delivered within a specific time frame. Lead time for orders are not guaranteed unless explicitly arranged and approved by A&D Precast in writing. Orders requiring guarantee of lead time will incur additional fees which are not included in quote. A&D Precast will not be fiscally or materially responsible for any project delays.
Order expediting will require additional fees. A&D Precast will not expedite
orders, except in rare cases, after they have been released to production.
A&D Precast provides nine standard color options for all orders included in quote price. Custom colors can be provided for a fee at customer request and are not included in quote price unless explicitly stated otherwise at time of quote.
For color matching customer will need to provide A&D Precast with a sample by mail or dropoff of the color to be matched. A&D Precast will provide customer one or more color samples for approval to match desired color. This service is an additional $200 fee unless otherwise explicitly included in quote. Final approval for color is responsibility of customer and A&D Precast will not manufacture a custom color without written approval of samples by customer.
Product color may vary slightly from samples or between pieces with same
order due to variations in natural materials and ingredients. Custom color
mixes will not be certified as per standard mixes unless otherwise requested
by customer. Certifications of custom mixes will incur additional fees and
an additional lead time.
A&D Precast routinely tests compressive strength of our precast by approved third party laboratory. Routine testing is performed for quality control. Basic test results will be made available in submittal package the request of a customer at no additional charge. A&D Precast does not guarantee specific tests performed at specific times to meet job qualifications. Additional testing can be performed on request and may incur additional fees or increased lead time.
A&D Precast does not provide test results for other tests without request and additional fees. Many tests and requirements in generic specs are for different climates or different applications and do not make any distinction between geographic location or method for producing precast. A&D Precast takes exception to all procedures or tests not applicable to our product or market.
Additional testing on request can significantly increase lead times as much
as eight weeks. Customer agrees that they are aware of this and that all scheduling
provisions are addressed prior to request for additional testing or certifications.
A&D Precast will not be responsible for any production, installation,
or general project delays if due to additional testing requirements.
Customer agrees that any commitment to purchase precast in writing and approval of product for manufacturing is considered a binding agreement to order. A&D Precast may, at our discretion, require a PO to be provided prior to beginning any production, but is not required to do so. Email, fax, and written contract are all considered acceptable forms of written approval.
It is the responsibility of the customer to ensure that they have proper
purchasing authority within their own company prior to entering into any contract
or agreement. It is not the responsibility of A&D Precast to verify purchasing
authority and we will not be responsible for issues with authority to order.
Canceled orders are subject to minimum charge of 10% of total order amount. Additional fees may be incurred for orders already in production or for administrative fees to offset man hours already dedicated to order.
Canceled orders are subject to charge based on work completed prior to cancellation. Orders in production will be billed per weight of pieces already manufactured in addition to administrative charges and mold charges for work already performed.
Orders canceled after shop drawings and prior to production will be charged
a drawing fee of $100 per drawing revision or $75 per hour for shop drawings
completed to date or the standard 10% cancellation fee, whichever is greater.
Shipping quote and options are provided for contractor convenience. Shipping is determined based on order size, distance and method of transportation required. A&D Precast only charges for shipping based on the cost of carrier or costs incurred through delivery. Shipping estimate is provided based on minimal number of shipments. Progressive or partial shipments may increase the overall shipping cost.
Contractor is responsible for unloading onsite and will be responsible for any charges or fees arising from lack or provision for unloading. Shipping estimate on quote may change at time of billing if costs of transportation have changed.
Local pickup is available for all orders in lieu of shipping. Please provide adequate notice prior to pick-up. Necessary arrangements will vary depending on size and details of job. Please advise at time of ordering if pickup is preferred and we will contact you when order is ready for pickup so that you can schedule. Local pickup may cause a change in sales tax.
All orders from A&D Precast are FOB origin regardless of method of shipping.
Product insurance for shipping is not provided by A&D Precast and must
be provided by purchaser if necessary. Products damaged in transit must be
noted on the delivery ticket and signed by deliverer and receiver at time
of delivery. Claims for damaged materials shipped by freight carriers must
be made promptly through the carrier responsible for delivery. Damages to
products that are not visible at time of delivery must be reported to A&D
Precast with photos and documentation no later than ten (10) business days
from time of receipt. A&D Precast will at their sole discretion make remedial
decisions on a case by case basis.
Sales tax is not provided in quote unless explicitly stated otherwise and requested by purchaser. Customer is required to calculated sales tax on their order as applicable based on delivery location. Orders being picked up will be charged sales tax based on current tax rates for our location.
A&D Precast will provide a sale tax estimate at time of purchase if requested.
Customer must supply all necessary information such as, but not limited to,
their federal and state tax information as well as their location, project
location, and delivery location for the products ordered.
Orders from A&D Precast will be invoiced and billed per our standard procedures unless otherwise arranged in writing at time of order. Partial shipments will be invoiced on a prorated amount of the project total based on weight of pieces produced as percentage of weight of overall order.
All invoices are net 30 unless otherwise agreed to in writing by A&D Precast prior to order placement. A deposit of 10% of entire purchase price is invoiced at time order is placed. For accounts in good standing this invoice can be deferred until complete project is billed at our discretion. Final invoice will include shipping fees and sales tax as applicable.
All invoices not paid in full will incur a $5 administrative fee plus 3% surcharge for total amount owed for every 28 days (four weeks) past due. Surcharge can be reversed if order is paid in full within 10 days from time the 1.5% surcharge is assessed and approved in writing by A&D Precast. Surcharges and fees more than 10 days old from time of assessment will not be reversed. Accounts in default after six months may be sent to collections and may be reported on credit. Customer agrees that A&D Precast reserves the right to sell debt to a collection agency or hire an agency or other third party to collect debt on their behalf. All accounts sent to collections will be charged an additional fee of 10% of entire amount owed. A&D Precast reserves the right to refuse delivery of other orders to customers with accounts in default.
A&D Precast reserves the right to required different payment terms such as advance payment or cash on delivery depending on customer or project type, solely at our discretion. Projects requiring progress payments will be billed for all material manufactured within the payment period agreed upon, not only material delivered to site.
In addition to all other rights A&D Precast reserves the right in the
event of nonpayment to repossess, or hire a third party to repossess, all
delivered material for which payment has not been received. Customer agrees
to make materials and site access available to A&D Precast or hired third
party including, but not limited to, removal of installed product for return
shipping, repackaging, and loading. Customer agrees to pay all costs incurred
in taking possession of materials.
A&D Precast can store pieces after production that customer is not yet ready to receive. Customer will be notified when production is complete and order is ready for delivery. A&D Precast will store onsite up to two weeks for pickup or delivery scheduling with no additional fees. Project will be invoiced in full, less shipping charges, after this time.
We can continue to store precast onsite after this date until customer is
ready to receive. In some cases additional storage fees may be required based
on sizes and amounts. A&D Precast will waive storage fees for short term
storage (estimated delivery date is known and typically less than three months
storage required) for accounts in good standing at our discretion. Please
contact us to arrange for storage if it will be required.
Items held or stored by A&D Precast on customer behalf will be subject to standard payment terms based on invoicing date, not based on date item is actually shipped.
Except as provided herein, the customer or purchaser agrees to fully indemnify and hold A&D Precast and all its employees or third parties harmless from and against any and all claims, demands, costs, expenses, liabilities, causes of action and damages of every kind and character (including reasonable attorney’s fees) which may be asserted by any third party in any way related or incident to, arising out of, or in connection with the customer’s negligent, intentional or wrongful performance or failure to perform under this Contract. In addition, the customer agrees to fully indemnify and hold A&D Precast harmless from and against any and all costs and expenses of every kind and character (including reasonable attorney fees, court costs, and expert fees) that are incurred by A&D Precast arising out of or related to a third party claim of the type specified previously. Notwithstanding the preceding, such indemnification shall not apply in the event of the sole or gross negligence of A&D Precast. The customer acknowledges and agrees that this indemnification shall apply to, but is not limited to, employment matters, taxes, personal injury, and negligence. This agreement is intended to prevent the customer or A&D Precast from attempting or appearing to assume liability it does not have the power to assume. This agreement shall be construed and governed according to the law of the State of North Carolina and any and all disputes arising hereunder shall be litigated in North Carolina State Courts.
A&D Precast reserves the right to postpone or cancel undelivered shipments, and shall not be responsible or liable for any delays or non-performance in the event of fire, flood, explosion, inclement weather, natural disasters, other catastrophes, acts of God, war, riot, civil disturbance, strike, lockout, refusal of employees to work, labor disputes, shortage or inability to acquire raw materials, failure of carriers to deliver either equipment or materials, or in the event that any legislative, executive, or judicial act of any political or governmental authority substantially affects us.
If any portion or provision of this agreement is held or adjudicated to be invalid or unenforceable for any reason, each such portion or provision shall be severed from the remaining portions or provisions of this agreement, and the remaining portions or provisions shall be unaffected and remain in effect.